Home
Menu
904-383-7448
Florida Statute 48.041 | Lawyer Caselaw & Research
F.S. 48.041 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 48.041

The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 48
PROCESS AND SERVICE OF PROCESS
View Entire Chapter
F.S. 48.041
48.041 Service on minor.
(1) Process against a minor who has never been married shall be served:
(a) By serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.
(b) By serving the guardian ad litem or other person, if one is appointed by the court to represent the minor. Service on the guardian ad litem is unnecessary when he or she appears voluntarily or when the court orders the appearance without service of process on him or her.
(2) In all cases heretofore adjudicated in which process was served on a minor as prescribed by any law heretofore existing, the service was lawfully made, and no proceeding shall be declared irregular or illegal if a guardian ad litem appeared for the minor.
History.ss. 1, 2, ch. 7853, 1919; CGL 4273, 4274; s. 1, ch. 19175, 1939; CGL 1940 Supp. 4274(13); s. 2, ch. 29737, 1955; s. 4, ch. 67-254; s. 1, ch. 84-176; s. 270, ch. 95-147.
Note.Former ss. 47.23-47.25.

F.S. 48.041 on Google Scholar

F.S. 48.041 on Casetext

Amendments to 48.041


Arrestable Offenses / Crimes under Fla. Stat. 48.041
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 48.041.



Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All
  1. A default judgment is appropriate “[w]hen a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend” itself in a lawsuit. Fed.R.Civ.P. 55(a). American Financial failed to participate in this case, despite the fact that it was provided with notice of it on February 3, 2021. (Doc. 18). Stacy Castaneda, sued both as an individual and as a parent and co-guardian of minors J.M.A., A.C., and M.C., was served on January 16, 2021. (Doc. 10). Marco Castaneda, sued as a parent and co-guardian of minors J.M.A., A.C., and M.C., was also served on January 16, 2021 through his spouse, Stacy Castaneda, as permitted by Fla. Stat. 48.03(2)(a). (Doc. 11). J.M.A., A.C., and M.C. were properly served through their parents, as permitted by Fla. Stat. 48.041(a). (Docs. 10, 11). Clerk's default has been properly entered against each of these Defendants. (Doc. 32, 46, 47).
  2. Sweet v. Tucker

    311 So. 3d 968 (Fla. Dist. Ct. App. 2020)
    Per Curiam. Ricky Sweet appeals the circuit court's denial of his motion to vacate an injunction against repeat violence entered against him on April 30, 1998. See § 784.046, Fla. Stat. (1997). Sweet argues that the circuit court was obligated to grant his motion because the original injunction was void for lack of jurisdiction over his person. Although Sweet received notice of the petition and appeared at the final hearing, Sweet argues that he was only seventeen years old at the time and the service of process upon him did not comport with section 48.041, Florida Statutes (1997). We affirm the circuit court's order for the reasons which follow.
    PAGE 969
  3. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 675
  4. Petitioner was initially charged in juvenile delinquency petitions with two separate burglaries and grand theft. Notice of the arraignment was served on petitioner's mother, his listed guardian, at her place of employment. See § 48.041(1)(a), Fla. Stat. (2010) (providing that service of process on a minor may be accomplished by serving a parent or legal guardian). Petitioner failed to appear at arraignment and pickup orders issued. Petitioner then turned nineteen years old which deprived the court of jurisdiction to proceed in delinquency. See generally State v. Griffith, 675 So. 2d 911 (Fla. 1996); § 985.0301(5)(a), Fla. Stat. (2010).
  5. In re Amendments

    966 So. 2d 943 (Fla. 2007)   Cited 1 times
    The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 955
  6. Cason ex Rel. Saferight v. Hammock

    908 So. 2d 512 (Fla. Dist. Ct. App. 2005)   Cited 5 times
    Looking to the other provisions of rule 5.040(a)(3), we note that rule 5.040(a)(3)(C) provides that formal notice shall be served "as otherwise provided by Florida law for service of process." Since none of the provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041, Florida Statutes (2003), which provides how service on a minor should be accomplished. Section 48.041( 1)(a) provides that service on a minor who has never been married shall be accomplished "[b]y serving a parent or guardian of the minor as provided for in s. 48.031 or, when there is a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031." § 48.041( 1)(a), Fla. Stat. (2003). Section 48.031(1)(a) provides, in pertinent part, that service is to be made by delivering to the person to be served "a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." § 48.031(1)(a), Fla. Stat. (2003). The babysitter in the instant case is…
  7. The summons form for personal service on natural persons is to be used for service on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 (service on minors), 48.042 (service on incompetents), 48.051 (service on state prisoners), 48.183 (service of process in action for possession of residential premises), and 48.194 (personal service outside the state), Florida Statutes.
    PAGE 1041
  8. In re Amendments to Florida Rules of Civil Procedure

    682 So. 2d 105 (Fla. 1996)   Cited 35 times

    on .............. Defendant or Defendant's Representative Committee Notes 1988 Amendment. 48.031 48.041 48.042 48.051 48.183 48.194 48.061 48.071 48.081 48.101 48.111 48.121 48.131 48.141 48.151 1992 Amendment

  9. Bolender v. Singletary

    16 F.3d 1547 (11th Cir. 1994)   Cited 343 times   4 Legal Analyses
    In the instant case, Bolender served Thompson with a witness subpoena at the facility where Thompson was incarcerated. Thompson's attorney moved to quash the service on the grounds that Thompson had been adjudicated incompetent and a guardian had been appointed. Under section 48.041, Florida Statutes (1979), his guardian should have been served. The court reserved ruling on that motion, but Bolender never sought to serve the proper party or enforce the original subpoena.
    PAGE 1571
  10. In re Amendments to the Florida Rules of Civil Procedure

    604 So. 2d 1110 (Fla. 1992)   Cited 23 times

    the Court Y: y a A Committee Notes 1988 Amendment. one 1 one 1 Florida Statutes § sections 48.031 § 48.041 § 48.042 § 48.051 § 48.183 § 48.194Florida Statutes. Florida Statutes § sections 48.061 § 48.071

Cases from cite.case.law:

DEMPSEY, v. STATE, 82 So. 3d 928 (Fla. Dist. Ct. App. 2011)

. . . See § 48.041(l)(a), Fla. . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 966 So. 2d 943 (Fla. 2007)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

CASON, o b o SAFERIGHT, v. HAMMOCK,, 908 So. 2d 512 (Fla. Dist. Ct. App. 2005)

. . . provisions of rule 5.040(a) specify how formal notice is to be given to a minor, we look to section 48.041 . . . Section 48.041(l)(a) provides that service on a minor who has never been married shall be accomplished . . . a legal guardian appointed for the minor, by serving the guardian as provided for in s. 48.031.” § 48.041 . . . necessary to formulate a definition of the term "legal guardian” that applies to all cases in which section 48.041 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE TWO YEAR CYCLE, 858 So. 2d 1013 (Fla. 2003)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 773 So. 2d 1098 (Fla. 2000)

. . . on natural persons under the following provisions: sections 48.081 (service of process generally), 48.041 . . .

In AMENDMENTS TO FLORIDA RULES OF CIVIL PROCEDURE, 682 So. 2d 105 (Fla. 1996)

. . . on natural persons under the following provisions: sections 48.031 (service of process generally), 48.041 . . .

BOLENDER, a k a v. K. SINGLETARY,, 16 F.3d 1547 (11th Cir. 1994)

. . . Under section 48.041, Florida Statutes (1979), his guardian should have been served. . . .

UNITED STATES v. M. WISENBAKER, Jr., 14 F.3d 1022 (5th Cir. 1994)

. . . . § 48.041-5(a)(2) (1986) (emphasis added). . . . .

In AMENDMENTS TO THE FLORIDA RULES OF CIVIL PROCEDURE, 604 So. 2d 1110 (Fla. 1992)

. . . under the following provisions: Florida Statutes § sections 48.031 (service of process generally), §-48.041 . . .

In AMENDMENTS TO RULES OF CIVIL PROCEDURE, 536 So. 2d 974 (Fla. 1988)

. . . persons under the following provisions: Florida Statutes § 48.031 (service of process generally), § 48.041 . . .

LANDERS v. DADELAND ANIMAL HOSPITAL, 14 Fla. Supp. 2d 134 (Fla. Cir. Ct. 1985)

. . . F.S. 48.041(1); Davie v. Calton, 453 So.2d 185 (Fla. 3rd DCA 1984); Williams v. . . .

DAVIE, v. CALTON, By CALTON,, 453 So. 2d 185 (Fla. Dist. Ct. App. 1984)

. . . reason of the process server’s failure to comply with the conjunctive and strict requirements of Section 48.041 . . . Section 48.041(1), Florida Statutes (1969), provides, in pertinent part, that process upon a minor who . . .

COMMUNITY FEDERAL SAVINGS AND LOAN ASSOCIATION OF PALM BEACHES, v. L. WRIGHT, W. Jr., 452 So. 2d 638 (Fla. Dist. Ct. App. 1984)

. . . . §§ 48.041(2) and 48.031, Fla. Stat. (1983). . . . However, appellant fails to read section 48.041(2) in pari materia with section 48.041(1). . . . Section 48.041(1) states that service on incompetents is accomplished by reading the process to the minor . . .

WILLIAMS a Ad a v. RICHARDSON, A. S. N., 432 So. 2d 58 (Fla. Dist. Ct. App. 1983)

. . . McNab, 139 So.2d 734 (Fla. 2d DCA 1962); Section 48.041(1) Florida Statutes (1977). . . . Defendant was not served in accordance with Section 48.041(1), Florida Statutes (1977). . . .

GODFREY v. NEUMANN, 373 So. 2d 920 (Fla. 1979)

. . . in that it failed to comply with the requirements for service upon a minor as prescribed by section 48.041 . . .

JONES, a v. LUCKS,, 349 So. 2d 691 (Fla. Dist. Ct. App. 1977)

. . . This case involves service of process on a minor pursuant to Section 48.041(1). . . . From this statement the trial judge concluded “that the reading requirement of Section 48.041 Florida . . .